Baxter v. Phillips

Opinion

SIMS, J.

Defendants, L. Dudley Phillips and the State of California, have appealed from an order granting a new trial to the plaintiffs in each of two actions which have been consolidated for trial and for purposes of this appeal.

The jury returned a general verdict in favor of the defendants, 1 and, pursuant to the instructions of the court, a special verdict setting forth its findings with respect to the damages suffered by the plaintiffs in each action in itemized form. The sole issue raised by the defendants on appeal is whether or not it was error for the trail court to grant a new…